While Emmons would go on to describe Usnick’s child birth labor, Senior Judge John O’Malley had previously reminded the 12 seated jurors along with two alternates that opening statements in the trial of Usnick were not to be regarded as actual evidence in the trial — simply theories — and in this case vastly different versions between the prosecution and the defense.

Jason Emmons’ face became strained as he bent over and began to cough.
“I don’t feel so good,” said the Missouri Public Defender defending the woman charged with second degree murder in the death of her infant child in St. Elizabeth in 2009. “Something doesn’t feel right.”
Missouri Assistant Attorney General Susan Boresi arose from her position in second chair, seemingly about to aide an apparently distressed Emmons before Miller County Prosecuting Attorney Ben Winfrey assured her it was just a dramatic strategy that was part of Emmons’ opening statement in defense of Emily Usnick.
While Emmons would go on to describe Usnick’s child birth labor, Senior Judge John O’Malley had previously reminded the 12 seated jurors along with two alternates that opening statements in the trial of Usnick were not to be regarded as actual evidence in the trial — simply theories —  and in this case vastly different versions between the prosecution and the defense.
The facts established are that on Feb. 3, 2009, law enforcement officers with the Mid-Missouri Drug Task Force discovered the body of a female infant inside a trash bag covered in toilet paper and towels within a blue tote storage bin found inside the trunk of a red Mitsubishi sedan parked inside one of two garages located in a two-story residence on Main Street in the small village of St. Elizabeth, Miller County. Usnick was living at the residence at the time and the car was registered in her name.
Sometime between Jan. 1, 2009, and Feb. 3, 2009, Usnick gave birth to “Baby Usnick” while standing over a toilet inside one of the home’s bathrooms. Whether or not Baby Usnick ever took a breath remains the trial’s key question, and both sides plan to present expert medical witnesses as evidence.  
Winfrey told the jury that doctors would testify that the infant could have been revived had it been given proper medical attention, and the lack thereof by Usnick ultimately caused its death. The infant was fully formed with a full head of hair, Winfrey said.
“No defects, 10 fingers, 10 toes, all organs,” Winfrey said.
After an Emmons’ objection was overruled, Winfrey told the jury the infant was discovered to have methamphetamine in its bloodstream and liver, which would prove it was “alive” and “viable” at some point. He said it was true that if medical care was provided the baby would be living today, approximately eight years old.
On Feb. 4, 2009, Usnick was interrogated by Miller County Sheriff’s Office detectives at which time she was read her rights and she then denied having a baby or having been pregnant, but that story would later change, Winfrey told the jury.
The jury will hear from an on-and-off-again boyfriend of Usnick, Winfrey said, who would testify was told the baby was his and when he questioned where it was, the defendant allegedly told him it had been given to a family in Mexico, Mo. and to “leave it alone” and “let it go.”
Emmons, who had begun the defense’s opening statements with a bit of theatre, described the birth as “excruciatingly painful” and the defendant, a previous mother of three, as having immediately known something wasn’t right. Emmons told the jury, Usnick was all alone at the time in a remote part of the county, miles away from the nearest medical attention, when she was overcome with increasingly intensified pain.
In merciless detail, Emmons described the birth as head first followed by the torso which fell into the toilet and Usnick scooped the newborn up to place it in a “soft” waste basket as she was unable to move. The contractions painfully continued after birth until the after-birth remains were deposited. At no point during or after the birth did the baby show any signs of movement, sound or life, Emmons told the jury.
“She was already in heaven,” he said. “She lost her baby, but it’s not murder.”
Usnick wasn’t in a “good place” when she was pregnant, Emmons said, adding she didn’t know who the father was, not currently working and in between houses. She had planned to sign the child away after giving birth at a hospital “to give the baby a chance,” he told the jury.
“There was no one around to help,” Emmons said. “It’s tragic, but it’s not murder. She didn’t have time. It wasn’t planned. Something went wrong.”
The attorney said the State couldn’t even begin to guess if the infant had ever drawn a breathe and said the defense’s expert witness will testify to cross-sections of organs disputing prosecution expert testimony.
After collapsing from the birth, Usnick eventually made her way to her feet, wrapping the baby up in a container on the way to her bedroom.
“Oh God what do I do now,” Emmons portrayed Usnick, who he described as emotional and delirious at this point in time. “Call 911? No one will believe me.”
The container was then placed in the truck of her car.
“She’s getting anxiety,” he said. “She wants someone to find it. Doesn’t move it.”
In interactions with law enforcement, Emmons said Usnick was “scared by” and “intimidated,” despite repeating the same answers over and over.
“This is Emily’s tragedy,” he said near conclusion. “She lost her baby that day.”